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PART II <br />Page No. 22 <br />Permit No.: CO-0027146 <br />d. Upset: An exceptional incident in which there is unintentional and temporary noncompliance with permit effluent <br />limitations because of factors beyond the reasonable control of the permittee. An upset does no[ include noncompliance <br />to the extent caused by operational error, improperly designed treatment facilities, inadequate treatnreni facilities, lack of <br />preventative maintenance, or careless or improper operation. <br />4. Noncompliance Notification <br />a. If, for any reason, the pemuttee does not comply with or will be unable to comply with any discharge limitatons or <br />standazds specified in this pemut, the permittee shall, at a minimum, provide the Division and EPA with the following <br />infomtation: <br />i) A description of the dischazge and cause of noncompliance; <br />ii) The period of noncompliance, including exact dates and times and/or the anticipated time when the discharge will <br />return to compliance; and <br />iii) Steps being taken to reduce, eliminate, and prevent recurrence of the noncomplying dischazge. <br />b. The pemtittee shall report the following circumstances orally within twenty-four (241 hours from the time the petmittee <br />becomes aware of the circumstances, and shall mail to the Division a written report containing the information requested <br />in Part II.A.4 (a) within five (5) days after becoming aware of the following circumstances: <br />i) Circumstances leading to any noncompliance which may endanger health or the environment regardless of the cause <br />of the incident; <br />ii) Circumstances leading to any unanticipated bypass which exceeds any effluent limitations in the permit; <br />iii) Circumstances leading to any upset or spill which causes an exceedance of any effluent limitation in the pemrit; <br />iv) Daily maximum violations for any of the pollutants limited by Part LA of this permit and specified as requiring 24- <br />hour notifcation. This includes any toxic pollutant or hazardous substance or any pollutant specifically identifed as <br />the method to control any toxic pollutant or hazazdous substance. <br />c. The permittee shall report instances ofnon-compliance which aze not required to be reported within 24-hours at the time <br />Discharge Monitoring Reports are submitted. The reports shall contain the information listed in sub-paragraph (a) of this <br />section. <br />5. Other Notification Requirements <br />Reports of compliance or noncompliance with, or any progress reports on, interim and fmal requirements contained in any <br />compliance schedule in the permit shall be submitted no later than fourteen (14) days following each scheduled date, unless <br />otherwise provided by the Division. <br />The permittee shall notify the Division, in writing, thirty (30) days in advance of a proposed transfer of pemut as provided in <br />Part II.B.3. <br />The permittee's notification of all anticipated noncompliance does not stay any permit condition. <br />All existing manufacturing, commercial, mining, and silvicultural dischazgers must notify the Division as soon as they know <br />or have reason to believe: <br />a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any <br />toxic pollutant which is not limited in the permit, if that dischazge will exceed the highest of the following "notification <br />levels": <br />i) One hundred micrograms per liter (100 ug/I); <br />J ii) Two hundred micrograms per liter (200 ugh) for acrolein and acrylonittile; five hundred micrograms per liter (500 <br />ug/1) for 2.4-dinitrophenol and 2-methyl-4.6-dinitrophenol; and one milligram per liter (1.0 mg/1) for antimony; <br />INDperHP.doc <br />Revised 09/15/03 <br />